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Contesting a will in New South Wales (otherwise known as a “family provision claim”) can be a complex and challenging process. Understanding and avoiding common mistakes can significantly improve your chances of a successful family provision claim. This guide highlights some of the most frequent mistakes made by claimants and offers practical advice on how

Understanding Your Eligibility to Dispute a Will In New South Wales, a person wishing to contest a will should first seek advice on their eligibility and relevant timeframes.  A person who contests a will – otherwise known as a ‘family provision claim’ – should first consider whether they are an ‘eligible person’. The categories of

Receiving an inheritance can affect your entitlement to Centrelink benefits, such as the Age Pension, Child Care Subsidy, Family Tax Benefit, Disability Support Pension, Carer Allowance, Carer Payment Austudy, JobSeeker, or Rent Assistance, because it can alter your income and assets profile. It’s important to understand how these changes can impact your eligibility and the

Whilst the role of an executor is generally considered to be a gratuitous role, meaning, it is performed without the expectation of payment, there are several ways an executor may receive payment from a deceased estate. The first is if the Will contains a professional charging clause allowing an executor who operates a profession to

In New South Wales, disputes regarding the validity of a Will made by a person with dementia are common. In order to make a valid will, the person making the Will must have sound mind, memory and understanding at the time it is made. This includes having testamentary capacity — that is — the mental

A person may be named as both the executor and a beneficiary. It is important, however, that the person understand the differences in the roles to ensure they comply with their obligations as executor and avoid conflicts of interest which may detriment other beneficiaries.  Introduction to the Roles of Executor and Beneficiary The executor is

Yes, you can contest a testamentary trust in NSW if you believe the trust was created unfairly, under pressure, or without proper mental capacity. Understanding how to contest a testamentary trust is important before taking legal action. You may also challenge the trust’s management or bring a claim if you were left out entirely. What

In NSW, the success rate of contesting a Will (otherwise known as a family provision claim) depends on the facts and circumstances of the particular case. Each case is unique and different. Understanding the Basics of Contesting a Will in NSW In NSW, a person may contest the will of a deceased person if they

In New South Wales, a Mutual Will is where two people make Wills in substantially identical terms where there is a legally binding obligation between the two that neither party will revoke their Will without the consent or notice to the other. A common example of a Mutual Will is where two people agree to

Can an executor change a Will in NSW? No, they cannot change the terms of a Will on their own. Their role is to carry out the deceased’s wishes as written. However, there are limited circumstances where the distribution of an estate may differ from the will’s wording. These include Deeds of Family Arrangement, court-ordered

Yes, in NSW, you can challenge a Will or contest a Will after probate, but the process depends on the type of claim and the timing. Whether you’re making a family provision claim or disputing the will’s validity, acting quickly and understanding your rights is critical. It is important to understand the difference between contesting

Understanding Will Contests and Disputes in New South Wales In New South Wales, a will-maker (otherwise known as a ‘testator’) has testamentary freedom to leave their estate to any one or more beneficiaries of their choosing. However, under the Succession Act 2006 (NSW) an eligible person who believes they were not left adequate provision in a

If you believe you may receive an inheritance in the future and want to safeguard it from your spouse in the event of a separation or divorce, proactive planning and an understanding of family law and inheritance laws is crucial. As inheritance is not a protected asset, strategies such as receiving the inheritance in a

Probate confirms a Will and authorises the executor to administer the estate. Many people ask how long does it take to get inheritance money in Australia or how long does a Will take to settle. In NSW, the grant is usually processed within weeks, though exact timing depends on the Court’s workload.  Executors generally wait

De facto partners have the right to contest a will if they believe the deceased has left inadequate provision for them. Empower Wills and Estate Lawyers can guide de facto spouses through the process of making a family provision claim in New South Wales (NSW). What does “De Facto” mean in NSW? For the purposes of a

Probate & Administration in New South Wales In New South Wales, when a person dies, the executor named in the will is entitled to apply for probate and administer the estate. Where there is no executor willing and able to act as executor (i.e., if they have predeceased the testator) or where the deceased died

When is probate required in NSW? This depends on the type and value of assets. When someone dies, the person named as executor in the deceased’s will has the right to apply to the Supreme Court of NSW for a grant of probate, which, if granted, will give that person the power to administer and

What is an executor? The executor is a person who is named as executor in a will and who, upon the death of the will-maker, has the right to administer and distribute the deceased’s estate in accordance with the deceased’s will. While some activities can be attended to before probate, the person appointed as executor

In NSW, the distribution of a deceased estate follows a clear legal process to ensure assets are passed to the rightful beneficiaries. The executor named in the will is responsible for collecting assets, paying debts, and distributing what remains according to the will’s terms. If the person dies without a valid will, the estate is

In NSW, a parent can choose to leave a child out of their will, but doing so carries legal risks. Disinheriting a child means they are excluded from receiving any inheritance under your will. However, even if a child is excluded, they may still have the right to make a family provision claim under the

Many people in NSW hold misconceptions about wills and probate, leading to confusion during estate planning or estate administration. Some believe that having a will avoids all disputes, while others assume probate is always required. In reality, the process depends on the type of assets, the estate’s value, and the will’s validity. This guide aims

Contesting a will in NSW is a legal process that allows eligible people to claim a larger share of an estate if they believe they were unfairly treated.  However, the process of contesting a will is often misunderstood, with many myths and misconceptions about wills circulating in public discourse. This guide by Empower Wills &